Appellate courts

Copyright 2012: Houston Chronicle

Updated 4:08 pm, Thursday, October 11, 2012

In our part of the state, the 1st and 14th Courts of Appeals regularly serve as the court of first, and often last, resort for parties who believe that they lost due to an error at trial. Nine justices sit on each court (the two courts serve the same 10-county region), and they hear cases in panels of three.

We rely on these judges to correct mistakes, but an overactive bench risks imposing its judgment over that of a jury, potentially undermining that linchpin of the U.S. justice system.

Positions on the Courts of Appeals require skill sets different from those in trial courts, focusing on research and writing rather than managing a courtroom.

The Chronicle endorses the following candidates in the nine contested races this year:

Jane Bland for the 1st Court of Appeals, Place 2: Justice Jane Bland, a Republican, is not a natural self-promoter, but there is a long line of groups to do that job for her. Notably, Bland has received the prestigious William H. Rehnquist Award from the National Center for State Courts. Her Democratic opponent, Ron Lovett, has a passion for plaintiffs that's particularly lacking on the appellate bench, but Judge Bland has impeccable qualifications and voters should give her another award for her impressive work: re-election in 2012.

Harvey Brown for the 1st Court of Appeals, Place 6: Appellate judges should not just be good lawyers, but good writers as well. Justice Harvey Brown, a Republican, clearly fits the mold, with specific reference to his award-winning articles in the Houston Law Review. Previously a judge in the 152nd Civil District Court, Justice Brown has a scholastic bent that voters should want on their appellate bench.

Terry Jennings for the 1st Court of Appeals, Place 7: It is tempting for dissenters to dismiss the Republican-dominated Texas judiciary as a homogenous cluster of conservative cliches, but incumbents like Justice Terry Jennings show that matters are more complex than partisan one-liners. A former prosecutor among judges with mostly civil experience, Justice Jennings is acutely aware of problems facing Texas courts - from improper convictions to a bench lacking in diverse backgrounds. Voters should keep Justice Jennings on the bench.

Michael Massengale for the 1st Court of Appeals, Place 8: Justice Michael Massengale describes his job as that of a legal technician, a metaphor we particularly enjoy. Before he was appointed to this position in 2009, Massengale had worked as partner at Baker Botts, where he specialized in commercial litigation. Massengale, a Republican, admittedly has a passion for conservative philosophy that may raise a few eyebrows when considering a balanced bench, but he also has the legal experience and dedication to service that makes him a qualified candidate for the appellate court.

Rebeca Huddle for the 1st Court of Appeals, Place 9: After her father passed away when she was 5 years old, this youngest of five children saw her mother work multiple low-paying jobs to support her family. Justice Rebeca Huddle, a Republican, dedicated herself to break beyond that, and went on to graduate from Stanford University and the University of Texas School of Law with honors. After a legal career working on complex civil litigation in the Baker Botts trial department, Huddle was appointed to her current seat in 2011. She has served well since then, and voters should give Justice Huddle her first full term.

Barbara Gardner for the 14th Court of Appeals, Place 3: In a bench dominated by members of the same political party, largely appointed by the same governor, there are serious questions as to whether the current judges offer the full spectrum of legal experience and life perspective that would be ideal for an appellate court. Justice Brett Busby, who was appointed to this bench in June, is an experienced appellate litigator who has clerked for the U.S. Supreme Court and is certainly qualified. But his Democratic opponent, Barbara Gardener, has 30 years of highly praised legal experience in labor and employment law, often representing those who cannot afford top law firms. Gardener could bring valuable perspective and experience to this court. Without a well-rounded bench, our state judiciary risks the sort of groupthink that could undermine a sense of justice for all Texans.

Jeff Brown for the 14th Court of Appeals, Place 4: Having served in the 55th Civil District Court after practicing at Baker Botts, Justice Brown certainly has tread a solid path to the appellate bench. But his history of working as a briefing attorney for both a Democrat and a Republican on the Texas Supreme Court is especially worthy of praise, particularly in a time of a nearly single-party bench. Voters should keep him on the court for another term.

Martha Hill Jamison for the 14th Court of Appeals, Place 5: Between receiving her bachelor's in journalism and her law degree at the University of Texas, Justice Martha Hill Jamison worked to help the university bolster women's sports - a role that required a sense of hard work and diplomacy that one can see in her current position. With a 13-year judicial career as judge in the 164th Civil District Court and in her current position, Justice Jamison is the right choice for this race.

John Donovan, 14th Court of Appeals, Place 8: With experience as a judge in both the 61st Civil District Court and the 113th Civil District Court, Judge Donovan has seen a diverse spectrum of issues that would serve the appellate court well. An additional benefit he could bring to the court would be his passion for improved e-filing and enthusiasm for more oral arguments at the appellate level.